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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70444
Experience:  Qualified Employment Solicitor
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I've been put at risk of redundancy my employer using the

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Hi
JA: Hi. How can I help?
Customer: I've been put at risk of redundancy my employer using the loss of a contract 10 months ago as their reason. At the time I asked what happens to me the answer given don't worry we are a large company there are lots of accounts to get involved in, I asked the question again in February to receive the same answer. None of my fellow workers at my level are at risk. My contract of employment dose not specify any particular contract
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: With a Director and HR as we are currently going through a consultation but they are clearly focused on making my role redundant after 19 years loyal service.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I'm currently furloughed and my employer confirms they don't have a redundancy policy.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. Sorry to hear of your current situation at work. So that I can best advise, please tell me what your specific query is. Thank you

Customer: replied 16 days ago.
Process that should of been followed for risk of redundancy I seem to be simply told I'm at risk. In addition to this this afternoon I received an email from HR advising of a "Business Change Policy" which looking at the 3 package scenarios they have taken away my contractual notice period of 6 month only showing Statuary rights can they do this? another scenario is working my notice period this shows my notice period. The rules has changed since my meeting last Wednesday?

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Can I just check if there are others doing the exact same job as you, or is your job unique?

Customer: replied 16 days ago.
Others are doing same job as me.

Thank you very much for clarifying. If there are others doing the same job as you then you will have a likely case by arguing that you have been unfairly selected for redundancy (or even just placed at risk).

When a redundancy situation arises, there is a legal obligation on an employer to ensure that it applies a fair method of selection when deciding on who is to be made redundant. The general requirement is that a fair and objective method should be applied.

The first step is identifying the pool of employees from which the selection will be made. Often that could be a particular role, a department, even a whole office. There is no fixed procedure which deals with how a pool should be selected and the employer only has to show that its choice of pool was within the range of reasonable responses. This could often be linked to the needs of the business, for example a need to reduce a particular expense linked to a team, outsourcing certain work, etc.

The general rules state that when deciding on the choice of pool, the employer should start by considering two questions, which will help them identify which employees should be included:

{C}· Which particular kind of work is disappearing?

{C}· Which employees perform the particular kind of work which is disappearing?

Once the pool has been established the employer has to decide how to select those employees from it which are to be made redundant. There are various ways of doing this and the more commonly used methods are:

{C}· Scoring matrix based on various criteria (e.g. disciplinary record, attendance record, performance, etc.)

{C}· Asking employees to re-apply for their jobs, or for any newly created jobs, with the unsuccessful ones being made redundant

Whichever method is going to be used, the employer must apply it fairly and objectively. Unfair selection for redundancy could make the whole dismissal unfair so if there are concerns over the employer's methods of selection, this can be raised in the consultation meetings, in the redundancy meeting or as part of an appeal. Following redundancy the option to challenge this in the employment tribunal also exists.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 16 days ago.
Hi Ben, thank you for the swift response.
Can you clarify my contracted notice period can they take this away without me agreeing to my contract of employment T&C’s even if they issue a new change of policy document?
Customer: replied 16 days ago.
That should of read without me agreeing a change to my contract of employment

No they cannot and if they do it would amount to a breach of contract and you can still pursue them for the balance of the notice pay due

Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 16 days ago.
Thank you Ben i thought that would be the answer, it's so good to be mindful of that whilst in my follow up meeting tomorrow.
Assuming I have to go down the route of unfair dismissal would my case be strengthened by the fact I'm furloughed at the time of notice of risk my father in law was at home (we have lived together for 20 years) receiving end of life care which he's now sadly passed away July 18th and due to my business trying to continue the process I had a breakdown resulting in my GP signing me off work for 6 weeks with Terminal illness in family, stress & depression. I returned to work Sept 1st.Regards
Paul
Customer: replied 16 days ago.
Forgot to mention whilst off on fit note my Director was ringing me, leaving voice mails to call him sending texts and calendar invitations to set dates for next meeting!!

Hi, sorry to hear about what you have gone through. However, that won’t necessarily mean you have a better unfair dismissal case – the employer can still proceed with a redundancy even if you are off sick, although they need to ensure you are not disadvantaged in the process through your absences. So you still need to have been given the same information and opportunities as all others who were not off work at the time.

Thank you for taking the time to leave your feedback - it was my pleasure helping you with your query. All the best